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New PIP claim - ATOS says no timescale?
- jamie.grey
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4 years 11 months ago #248156 by jamie.grey
New PIP claim - ATOS says no timescale? was created by jamie.grey
Hi all, I made my first PIP claim in January (called DWP 07 Jan) and my papers have been with ATOS / IAS since 03 March.
I called the DWP for an update, they advised me to call ATOS. I called them on 14 May and they said
1. an assessor will call me - despite me saying to the DWP that I needed an assessment to take place via text or email due to my hearing impairment. DWP said this was fine and they (apparently) informed ATOS of this. ATOS have no record of this and refused to listen to me.
2. they cannot even give the vaguest timeframe as to when my assessment will be carried out. They told me 'we have no time limit in which to return your assessment report to the DWP, so it'll take as long as it takes'. I know things are hectic because of covid-19, but surely there must be some kind of
3. if they have to find an alternative way of assessing me (I said I cannot do long phone calls because of my hearing impairment, anxiety and PTSD, and because I have nowhere private / safe place to take phone calls) then this may delay my claim. Do they have a right to make me wait longer for my assessment because of my disability? To me this sounds like a violation of the Equality Act 2010 (i.e. I am being directly discriminated against / disadvantaged because of my disability). Also I shouldn't miss out just because they don't have the infrastructure to cater to the needs of hearing impaired clients...
Essentially my question is, where do I go from here? I feel there's a lack of clarity over what's going on with my case and the DWP is putting the onus on me to do the chasing when it's their duty to follow up on any possible delays / discrimination.
I have a letter from my old therapist about accommodations I need because of my autism and hearing impairment, and am thinking of writing to the DWP and attaching that so that my concerns are in writing. I'm in the shielding group but if I have no other choice, I'll have to go out and post it to them...
Jamie
I called the DWP for an update, they advised me to call ATOS. I called them on 14 May and they said
1. an assessor will call me - despite me saying to the DWP that I needed an assessment to take place via text or email due to my hearing impairment. DWP said this was fine and they (apparently) informed ATOS of this. ATOS have no record of this and refused to listen to me.
2. they cannot even give the vaguest timeframe as to when my assessment will be carried out. They told me 'we have no time limit in which to return your assessment report to the DWP, so it'll take as long as it takes'. I know things are hectic because of covid-19, but surely there must be some kind of
3. if they have to find an alternative way of assessing me (I said I cannot do long phone calls because of my hearing impairment, anxiety and PTSD, and because I have nowhere private / safe place to take phone calls) then this may delay my claim. Do they have a right to make me wait longer for my assessment because of my disability? To me this sounds like a violation of the Equality Act 2010 (i.e. I am being directly discriminated against / disadvantaged because of my disability). Also I shouldn't miss out just because they don't have the infrastructure to cater to the needs of hearing impaired clients...
Essentially my question is, where do I go from here? I feel there's a lack of clarity over what's going on with my case and the DWP is putting the onus on me to do the chasing when it's their duty to follow up on any possible delays / discrimination.
I have a letter from my old therapist about accommodations I need because of my autism and hearing impairment, and am thinking of writing to the DWP and attaching that so that my concerns are in writing. I'm in the shielding group but if I have no other choice, I'll have to go out and post it to them...
Jamie
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- Gordon
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4 years 11 months ago - 4 years 11 months ago #248160 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New PIP claim - ATOS says no timescale?
Jamie
To try and answer your questions.
1. There is no such thing as an assessment by text or email, I can't think why the DWP, even in these strange times would suggest that there was. It is possible for IAS (formerly ATOS), to do a Paper-Based Review, See (2).
2. It is possible, as this is a new claim that it has been decided that a PBR is not appropriate given the information available and as you have ruled out a telephone assessment there is no choice but to wait until face to face assessments are restarted, we do not have any information on when this might occur and IAS, or at least the call centre staff, probably don't either. The earliest this might happen would be late June assuming no additional delay is made.
3. I'm afraid I don't think, given the current emergency and that you are yourself excluding yourself from the only assessment process currently available (via telephone), that there is any opportunity for you to pursue a claim under the Equality Act. Sorry!
As to what you can do, you can try contacting IAS to see whether there is additional information that you or your doctor can provide that would allow them to do a PBR but beyond that, I'm afraid you may have to wait.
Gordon
To try and answer your questions.
1. There is no such thing as an assessment by text or email, I can't think why the DWP, even in these strange times would suggest that there was. It is possible for IAS (formerly ATOS), to do a Paper-Based Review, See (2).
2. It is possible, as this is a new claim that it has been decided that a PBR is not appropriate given the information available and as you have ruled out a telephone assessment there is no choice but to wait until face to face assessments are restarted, we do not have any information on when this might occur and IAS, or at least the call centre staff, probably don't either. The earliest this might happen would be late June assuming no additional delay is made.
3. I'm afraid I don't think, given the current emergency and that you are yourself excluding yourself from the only assessment process currently available (via telephone), that there is any opportunity for you to pursue a claim under the Equality Act. Sorry!
As to what you can do, you can try contacting IAS to see whether there is additional information that you or your doctor can provide that would allow them to do a PBR but beyond that, I'm afraid you may have to wait.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 11 months ago by Gordon.
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